Before negotiations for a collective agreement begin, the union must obtain certification from the Chamber of Labour. Shortly after certification, the union begins the process of collective bargaining (or bargaining) with the employer. The objective of the negotiations is to reach agreement on the many issues that can be included in the agreement. The labour and employment legislation adopted by the Finnish Parliament lays the foundations for collective agreements. As the minimum wage is not defined in Finnish labour and employment legislation, workers` wages are based on collective agreements negotiated by trade unions. Agreements are usually field-specific. They include the conditions of employment of office workers working for example in the field of financing, information technology services, construction, metallurgy or data reporting. Exclusive representation A majority of workers in a bargaining unit must designate a representative who has the exclusive or exclusive right to represent them in negotiations with the employer`s representative (29 U.S.C.A. § 159[a]).
The employer is not required to negotiate with an unauthorized representative (§158[a]). Once a valid representative has been chosen, workers who are not part of the union are also bound by the collective agreement and cannot negotiate individual contracts with the employer (J. I. Case Co. v. NLRB, 321 U.P. 332, 64 pp. Ct.
576, 88 L. Ed. 762 ). Therefore, the employer cannot extend other conditions to workers in the bargaining unit, even if those conditions are more favourable, unless the collective agreement provides for flexible conditions (Emporium Capwell Co. v. Western Addition Community Organization, 420 U.P. 50, 95 pp. Ct. 977, 43 L. Ed. 2d 12 ). In Finland, collective agreements are universal.
This means that a collective agreement in a sector of activity becomes a universal legal minimum for everyone`s employment contract, whether unionized or not. For this condition to apply, half of the workers in this sector must be unionized and therefore support the agreement. Sections 8(a)(5) and 8(b)(3) of the NLRA define failure to conduct collective bargaining as unfair labor practices (29 U.S.C.A. § 158[a], [b]). The aggrieved party may file a complaint of unfair labour practices with the LNRB, which has the power to prevent or stop the practice of unfair labour practices (Article 160). Nevertheless, a party`s insistence on a fixed term of the contract is not necessarily an unfair labour practice. The NRA and the courts that re-enforce and enforce their orders are not prepared to replace their judgment with that of the parties and will not judge the content of the collective agreements (NLRB v. .
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